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Statute of Limitations on Debta
My ex-husband bought some tools from a tool company in 1997 or so. I signed the contract, dumb me. I live in Texas. My ex-husband never paid his debt.
Now the tool company, not a debt collector, has sent me a Settlement Offer to pay $11,000 of the $22,000 owed. The letter comes from Libertyville, IL and I still live in Texas. I understand that the statute of limitations in Texas for this type of debt is 4 years. My ex-husband never made a payment on the debt, that I know of. I have in no way told the tool company that the debt is mine, nor have I made any payments or promise to make any payments. Nor have I accept the settlement offer. Do I have to pay this debt? |
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Let at the statue of limitations. In my state VA, 3 for oral and 5 years for contracts. This is a contract. If it beyond that five year date here you do not have to pay. One thing to remeber: They will still try to get you to pay. Sometime they will file a judgement against you. Do not worry. If you get a warrant in debt you have to go to court. Tell the judge that it was in connection with your ex and that you knew nothing about it. Anyway tell him that it is below the statue anyway. The best thing is not to talk to them. If you agree to anything they can start the statue over again. Send a certified letter telling them to take a hike. The statue is over. The bottom line companies try to scare us common folk with judgements that we legally do not owe. There is always bankruptcy! |
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This is well beyond the 4 year SOL in Texas. I would send them a FOAD (f@#k off and die) letter and be done with it. VAgentlemanroa - a verbal agreement is not enough to reset SOL in TX. Or Virginia for that matter. SOL is an affirmative defense toa lawsuit only. It does not mean that they still won't sue but you have to show up in court and claim SOL as your defense and be prepared to prove it. |
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To answer the SOL response. I understand. It is a weak case but I have heard from people that if you answer and talk to these people at all and agree to anything they will use it to show that the clock starts all over again.
You are right. Go fight it in court. Remember they have to show the proof against you! Do no admit to signing anything. I do not recall-blame the ex that you were deceived in signing for something else. It's been so long. Just show that they have had all these years and now they want to credit? I agree with FOAD letter, send it certified or from a lawyer. |
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